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8A Page 3 'Oooslly Bonus' Continued from Page 1... Here are the bill's highlights: . Fairness in Timing. A number of cities have reported that developers are asking for new concessions or incentives in the middle or toward the end of a project. This bill would put into state law the requirement that such requests would have to come at the beginning of the process, or at least before the first discretionary decision is made on the project, to assure that whatever requests are made can be considered in the supporting environmental documents, . Fixing a Bad Precedent. The density bonus law currently includes a provision that entitles a senior affordable housing development to a 20 percent density bonus. A California court of appeal, however, interpreted this to mean that any project that included a senior affordable housing project of at least 50 units was entitled to 20 percent density bonus across the entire project, not just for the senior development (Friends of Lagoon Valley v. City of Vacaville, A 113236, 2007). Thus, a developer of a 1,Ooo-unit housing development that included 35 units of moderately affordable senior housing is entitled to an additional 200 units. The court admitted that this interpretation would often result in a 'windfall" for the developer. This bill clarifies that the 20 percent density bonus applies to the senior affordable housing only, not the entire project (of course, local agencies could always grant more generous bonuses under the law). . Consideration for Inclusionary Housing Programs. Another goal of the bill is to protect those communities that have adopted inclusionary housing programs that include their own concessions and incentive packages. Some of these communities have experienced developers who take advantage of these packages, then demand more under the density bonus law. However, many other communities directly incorporate the concession and incentives of the density bonus law directly into their inclusionary programs. This bill seeks to restore a balance in these provisions by respecting local incentive packages without limiting other local agencies' reliance on current provisions in the density bonus law. The bill addresses several other minor and technical issues. Cities are strongly encouraged to send a support letter to their local assembly member within the next two weeks to help assure this bill moves off the Assembly floor. A sample letter, with the appropriate contacts to which to send copies, is available at www.cacities,oro/billsearch, Plug in AB 2280 to the bill search function to access the sample letter of support, along with faxing instructions. Budget Action Day Scheduled for Wednesday, May 21 The League is holding a special one day event on May 21, following the release of the May Budget Revise, to bring city officials to Sacramento to lobby their legislators and administration officials on the impact of the budget on cities. The session is designed so city officials can come just for the day. With California's fiscal crisis, the FY 2008-09 budget negotiations are predicted to be extremely difficult. The final signed budget will likely include a combination of significant cuts and revenue- generating solutions, and the May Revise (scheduled to be released May 15) will set the tone for the coming weeks of negotiations. California cities need to join forces to respond to any relevant May Revise proposals to ensure cities' needs are heard and understood in the Capitol. Schedule of Events 10 -11:30 8.m" May Revise Budget Briefing Sheraton Grand Sacramento Hotel, Bataglieri Room 1230 J Street Sacramento, CA 95814 3